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WARNER BROS. PICTURES v. COLUMBIA BROADCASTING SYSTEM

No. 13457.

216 F.2d 945 (1954)

WARNER BROS. PICTURES, Inc., a Corporation, and Alfred A. Knopf, Inc., a Corporation, Appellants, v. COLUMBIA BROADCASTING SYSTEM, Inc., a Corporation; William Spier; The Wildroot Company, Inc., a Corporation; Regis Radio Corporation, William Robert Tallman, Giles B. Doud, Joe Eisinger, Batten, Barton, Durstine & Osborn, Inc., and Dashiell Hammett, Appellees.

United States Court of Appeals Ninth Circuit.

November 9, 1954.

Attorney(s) appearing for the Case

Freston & Files, Ralph E. Lewis, Gordon L. Files, Los Angeles, Cal., for appellants.

Zissu & Marcus, Leonard Zissu, Abraham Marcus, New York City, Laurence Beilenson, William Berger, Beverly Hills, Cal., for appellee Hammett.

Crider, Runkle & Tilson, Los Angeles, Cal., for appellee Columbia Broadcasting Co.

Before STEPHENS and FEE, Circuit Judges, and CLARK, District Judge.

STEPHENS, Circuit Judge.

Dashiell Hammett composed a mystery-detective story entitled "The Maltese Falcon" which was published serially, and each installment was copyrighted by the publisher. Subsequently, Alfred A. Knopf, Inc., entered into a contract with the author to publish the work in book form, Knopf published the book and, in accord with the terms of the contract, copyrighted it.

In 1930, after publication in book form and after publication of all...

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